AN160290 – Sheet Metal Workers' Award No. 10 of 1973
(1) A contract of service to which this award applies may be terminated in accordance with the provisions of this clause and not otherwise but this subclause does not operate so as to prevent any party to a contract from giving a greater period.
(2) Subject to the provisions of this clause a party to a contract of service may, on any day, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (5) of this clause and the contract terminates when that period expires.
(3) In lieu of giving the notice referred to in subclause (2) of this clause an employer may pay the worker concerned his ordinary wages for the period of notice to which he would otherwise be entitled.
(4) (a) Where a worker leaves his employment –
(i) without giving the notice referred to in subclause (2) of this clause; or
(ii) having given such notice, before the notice expires
he forfeits his entitlement to any moneys owing to him under this award except to the extent that those moneys exceed his ordinary wages for the period of notice which should have been given.
(b) In a case to which paragraph (a) of this subclause applies:
(i) the contract of service shall, for the purposes of this award, be deemed to have terminated at the time at which the worker was last ready, willing and available for work during ordinary working hours under the contract; and
(ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the worker pays to the employer, whether by forfeiture or otherwise an amount equivalent to the worker's ordinary wages for the period of notice which should have been given.
(5) The period of notice referred to in subclause (2) of this clause is:-
(a) in the case of a casual worker, one hour;
(b) in any other case -
(i) during the first month of employment under the contract, one day; and
(ii) after the first month of such employment, one week.
(6) In lieu of giving the notice referred to in subclause (2) of this clause an employer shall, in the case of a worker who has been engaged solely for construction work and who has completed one months' service with that employer, give notice to the worker on the day on the day on which the contract of service is to end and pay the worker one week's ordinary wages: Provided that where a worker, having been offered and refused further employment at another site with the same employer, subsequently, within a fortnight of such refusal, applies to that employer for employment and is engaged to work at that other site, the one week's wages paid to him under this subclause shall be credited towards payment of any moneys due in his new employment.
(7) (a) On the first day of engagement, a worker shall be notified by his employer or by the employer's representative whether the duration of his employment is expected to exceed one month and, if he is hired as a casual worker, he shall be advised accordingly.
(b) A worker shall, for the purpose of this award, be deemed to be a casual worker -
(i) if the expected duration of employment is less than one month; or
(ii) if the notification referred to in paragraph (a) of this subclause is not given and the worker is dismissed through no fault of his own within one month of commencing employment.
(8) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except when such absence from work is due to illness and comes within the provisions of clause 17 - Absence through Sickness or such absence in on account of holidays to which the worker is entitled under the provisions of this award.
